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A LETTER 



TO 



THEUOJW WIUTEJUABSH B. Sr.lBKOOK, 



OF ST. JOHN'S, COLLETON; 



TN EXPLANATION AND DEFENCE 



AN ACT TO AMEND THE LAW IN RELATION 
TO SLAVES ANO FREE PERSONS OF 
COLOR." 



BY 

EDWARD R. LAURENS, 

Of St. J*#mI»j»'s and St. JJIichaeVs* 



- - . .■ 

■■ 
i ■ ; ' CHARLESTON: 

'c'^ERVl/Jf OFFICE PRE;?. 





**? 



vp 






»»V 2 4 1916 



To the Hon. Whitemarsh IS. Seabrook. 

Dear Sir: — So much has, of late, been said and published 
in opposition to the "Act to amend the Laws in relation to 
slaves and free persons of color,'" that it seems to me necessa- 
ry to disabuse the public mind of many misapprehensions which 
it labors under — besides that, I would not subject myself to 
the imputation (however unfounded) of shrinking from the 
•nsibility of an open and candid avowal of my agency in 
introducing the Bill — my motives in so doing, and the objects 
which I had hoped to obtain by its passage. In addressing 
\ou, (to whose care and industry must be awarded the elabo- 
ration of this act*) I shall endeavor to discharge this duty 
briefly as possible, consistently with a full examination of the 
measure; and with that view, will proceed to consider the law, 
clause b) clause, and indirect reference to the several publi- 
, ations above alluded to. Before doing so, however, it may 
not be amiss to call your attention to our domestic institution 
of slavery, for a peculiar policy is rendered necessary thereby. 
It has, for some time past, been but too common among those 
far removed from our borders, and wholly destitute of all 
practical knowledge of our system, to advance many argu- 
ments against this organization of society — and although the 
authority of all history, both sacred and profane, accredits 
the assertion that servitude has been, from the earliest record, 
the apportioned lot of a part of the human family; although 
we need not fear to meet our honest opponents in fair and 
open argument, (so far as the issue of this argument is 

\ I'.ill very similar to the Law now under consideration, was in 
]-:;: introduced by Mr Seabrook, of the Senate. 



involved;) although we feel the proud boast of Demosthenes to 
be true of Carolina, "the condition of a slave at Athens, is 
preferable to that of a free citizen in many other countries,'" 
and are prepared by irrefragable testimony to prove it — still 
the very discussion is baneful in its tendency, and exciting in 
its nature. What will it benefit us to prove that slavery exis- 
ted in the days of Noah,* and that he to whom the last of time 
was revealed, saw Bondment then upon the face of the earth? 
If, whilst we theoretically uphold the system, we become in 
practice careless, and indifferent, and invitatory of the spoiler. 
This hitherto has been our fault — we have spoken, written, 
argued, but we have not acted — we knew that the public press of 
other climes was arrayed against us, but wc folded our arms in 
misplaced confidence or senseless indifference, and seemed 
patiently to await the bursting of the storm — but I am myself 
doing that which I condemn; without further preface, therefore, 
proceed we to the consideration of the " Act to amend the 
Laws in relation to slaves and free persons of color." 

CHAPTER 5. — An Act to amend the laws in relation t<* 
slaves and free persons of color. 
Section. 1. Be it enacted by the Honorable the Senate 
and House of Representatives, now met and sitting in Gen- 
eral Assembly, and by the authority of the same, If any 
person shall hereafter teach any slave to read or write, or shall 
aid or assist in teaching any slave to read or write, or cause or 
procure any slave to be taught to read or write; such person, if 
a free white person, upon conviction thereof, shall, for eacli 
and every offence against this act, be fined not exceeding one 
hundred dollars, and imprisoned not more than six months; or 
if a free person of color, shall be whipped not exceeding fifty 
lashes, and fined not exceeding fifty dollars, at the discretion of 



*9th Chap. Genesis, 25. 26 and 27 verses. "And he said, cursed be 
Canaan; a servant of servants shall he be unto his brethren." 

"And he said, blessed be the Lord God of shem; and Canaan shall be 
bis servant." 

"God shall enlarge Japheth, and he shall dwell in the tents of shem; 
and Canaan shall be his servant. 7 ' 

t 6th Chap. Rev. 15 verse. "And the King's of the earth, and the 
great men, and the rich men, and the chief Captains, and the mighty 
men, and every bondman, and every free man, hid themselves in the 
dens, and in the rocks of the mountains." 



die Court of Magistrates, and free holders before which such 
free person of color is tried; and if a slave, shall be whipped 
at the discretion of the Court, not exceeding fifty lashes: the 
informer to be entitled to one half of the fine, and to be a com- 
petent witness; and if any free person of color or slave, shall 
keep any school or other place of instruction, for teaching anv 
slave or free person of color to read or write, such free person 
of color or slave, shall be liable to the same fine, imprisonment 
and corporal punishment, as are by this section, imposed and 
inflicted on free persons of color and slaves, for teaching slaves 
to read or write. 

Sec. 2. If any person shall employ or keep as a clerk, any 
slave or free person of color, or shall permit any slave or 
fi-rc person of color to act as a clerk or salesman, in or about 
any shop, store or house used for trading, such person shall be 
to be indicted therefor, and upon conviction thereof, 
shall be fined for each and every offence, not exceeding one 
hundred dollars, and be imprisoned not exceeding six months; 
the i iformer to be a competent witness, and to be entitled to 
one half of the fine. 

Sec. 3. If any tree white person being a distiller, vendor or 
retailer of spirituous liquors, shall sell, exchange, give, or in 
any otherwise deliver any spirituous liquors to any slave, ex- 
cept upon the written and express order of the owner, or 
i having the rare and management of such slave; such 
person upon conviction, shall be imprisoned not exceeding six 
months, and he fined not exceeding one hundred dollars; and 
any free person of color, or slave, shall for each and every 
such offence, incur the penalties prescribed for free persons of 
color or slaves, forteachine slaves to read or write. 

Sec. 4. No license shall hereafter he granted for retailing 
spirituous liquors, or keeping tavern, by any board of Com- 
missi mers of roads or corporation, having power to grant such 
license, nor shall any permit be given by any clerk of any such 
board or corporation, unless the applicant shall have first take;, 
and subscribed the following oath or affirmation on his first 
application for a license alter the passing of this act, which 
oath shall be taken before a Magistrate duly qualified to ad- 
minister the same, and he duly certified "by him, and be by 
the applicant filed with the papers of the board or corporation, 
ps the case may be, to wit : I, A. I>. do swear or affirm that I 
•will not, directly or indirectly, during the period for which I 
may receive a license to retail spirituous liquors, or keep tav- 
ern, sell, give, exchange, barter, or in any otherwise deliver 
any spirituous liquors to any slave or slaves, contrary to the 
true intent and meaning of the laws for the preventing the sel- 



6 

ling, giving or delivering of* spirituous liquors to slaves — so 
help me God!" And upon every subsequent application for 
such license, such person, in addition to the above oath or 
affirmation, shall, in like manner, take and file the following 
additional oath : "And I do further swear or affirm, that I 
have not, directly or indirectly, at any time since the taking 
out of my last license, sold, given, exchanged, bartered, or in 
any otherwise, delivered any spirituous liquors to any slave, 
nor have I directly or indirectly traded, trafficked or dealt 
with any slave, contrary to the true intent and meaning of the 
laws to prevent the selling, giving, bartering, or delivering of 
spirituous liquors to slaves, and the dealing, trading, and traf- 
ficking with the same — so help me God." 

Sec. 5. Upon the trial of any person, having the use and 
occupation of any shop, store, or house of any kind, used for 
dealing, trading or trafficking, indicted for dealing, trading, or 
trafficking, with any slave or slaves, without a permit so to deal, 
trade, or traffic, from under the hand of the owner, or person 
having the care and management of such slave, it shall be 
sufficient for the conviction of such person, to prove, upon the 
charge of buying from such slave, that the slave entered such 
shop, store or house, used for trading, with the article, or arti- 
cles charged in the indictment, to have been sold to such 
defendant, and left the said shop, store, or house, used for 
trading without the same; and upon the charge for selling to 
said slave, any article charged in said indictment, it shall be 
sufficient evidence of such sale, to prove that said slave 
entered said store, shop, or house, used for trading, without 
such article, and left the said store, shop or house, with such 
article. 

Sec. 6. If any white person shall game with any free ne- 
gro, person of color, or slave, or shall bet upon any game 
played, wherein one of the parties is a free negro, person of 
color, or slave, or shall be willingly present, aiding and 
abetting, where any game of chance is played, as aforesaid, 
such person, upon conviction thereof, by indictment, shall be 
whipped, not exceecing thirty-nine lashes, and fined and 
imprisoned at the discretion of the Court trying such person. 

Sec. 7. This Act shall take effect from the 1st day of 
April next. 
In the Senate House, the seventeenth day of December, in 
the year of our Lord, one thousand eight hundred and 
thirty-four, and in the fifty -ninth year of the Indepen- 
dence of the United States of America. 
H. DEAS, President of the Senate. 
PATRICK NOBLE. Speaker of the House. 



The first clause, as introduced* into the House of Repre- 
sentatives on the 28th Nov. 1834, prohibited all colored 
persons, whether bond or free, from being taught to read or 
write, and was intended to prevent the acquisition of a know- 
ledge of things and events, tending to render the slave 
dissatisfied with his lot, and thus inductive of insubordination. 
Connected as the two classes of our colored population are, by 
cast — by color — by intermarriages and by blood, there is no 
argument in favor of the measure as respects the one, which 
is not equally applicable to the other.! The Senate, however, 
thought differently, and amended the clause so as inferentially 
to permit free colored persons to be instructed by whites. 
The objections to this clause, as urged by one of my col- 
leagues, were, so far as I can recollect them, that we were 
departing from the policy of our fathers, and interfering with 
the spiritual well being of the slave, by preventing his being 

' Be it enacted by the Senate and House of Representatives, now 
met and sitting in General Assembly, and by the authority of the same. 
J. If any person shall hereafter teach any slave or free person of color 
to read or write, or aid or assist in the teaching of any slave or free per- 
son of color to read or write, or cause or procure any slave or free 
person of color to be taught to read or write, such person, upon convic- 
tion thereof, shall for each and every offence against this act, be fined 
not exceeding one hundred dollars, and imprisoned not more than 6 
months, or if a free person of color, shall be whipped not exceeding fifty 
lashes, and lined not exceeding fifty dollars, at the discretion of the 
Court of Magistrates and freeholders, before which such free person of 
color is tried, and if a slave, shall be whipped at the discretion of the 
Court, not exceeding fifty lashes, the informer to receive one half of the 
line, and to be a competent witness. 

t All danger of any insurrectionary movement arises from the tolera- 
tion of this intermediate class — who, besides that their apparently 
superior station is a thorn to the slave, must always be the ring-leaders 
in any concerted scheme — the leader must be a free-man who can com- 
mand his own time, or not even the first preliminaries can be arranged. 
It is the fate of conspirators to be at times despondent, and willing to 
abandon their purpose — doubts oppress, and forebodings of evil come 
thick upon them — at this moment the master spirit, he who has raised 
the storm, is ordered by his owner to mount the coach-box, or to accom- 
pany him Upon a distant expedition, the choice of refusal is not with 
him, he is wanting to his band at the very moment that his presence is 
most requisite — their courage fails with "the thought that they are be- 
trayed, and the plot is discovered. It is true we have been once indebted 
to a free colored person for valuable information, but is it not equally 
i rue. that but for another of the class, there never would have existed a 
necessity for the discovery — in other words, there would have been 
nothing to discover 



taught to read the Bible. Now the policy of our fathers was 
suited to the times in which they lived, and our policy should 
nearly as possible conform to the exigencies of our own. In 
their day, slavery was not only tolerated, but actually carried 
on under the protection of the flag oi' Great Britain, at that 
time mistress of the seas, her interest was in the traffkk, and 
they had nothing to dread from her unfriendly interference. 
Their brethren of the North and East, had a large capital also 
engaged in the same trade, and the slave whose eagei curiosity 
induced him then to read any of their numerous publications, 
would find nothing therein to encourage his hopes of emanci- 
pation, or even to whisper that his lot was an hard one; all 
that he learned, taught him that the world at large were uni- 
ted as to the propriety and expediency of slavery — his hopes 
of liberation, therefore, from foreign influence, must indeed 
have been founded in the sands. How stands the case now? 
There is hardly a* publication which reaches us from other 
lands, or even from our sister States, which does not contain, 
in a greater or less degree, inflammatory matter — we daily 
hear of the organization of new Societies, whose object is to 
"ameliorate" the condition of those in slavery; and the callous 
heart which coldly turns from actual misery at home, becomes 
suddenly warned with the kindliest feelings towards those 
abroad, who suffer under imaginary evils — and shall we then 
continue the same policy, which under far different circum- 
stances, was pursued by our ancestry? Clearly not : — the old 
adage "tempora mutantur," brings an argument to our aid- 
Bat another ground, "we are interfering with the essential well 
being of our slaves, by preventing their being taught to read the 
Bible," 1 am yet to learn that knowledge of itself conduces to 
g 00C l_the moral desolation which marked the Philosopher of 
Ferney, and the citizen of Geneva, for its own, does not prove 
the position; nor yet the fact, that Gibbon, Ferguson, Priestley, 

* Even those friendly to our institutions, injure us by citing the pro- 
ceedings, &c. of our opponents, although it be done in kindness to 
warn us of our danger 



9 

(some have even added Newton and Locke,) learned but to 
doubt. The idea is beautifully expressed in the lamentation of 
the good La Roche, when speaking of Hume's infidelity, 
"There is a pride in human knowledge which often blinds man 
to the truths of revelation." If I know my own heart, and 
understand my own motives, so far from obstructing the de- 
velopment of moral and religious feelings in the slave by any 
measure, I would the rather lend my aid towards its encour- 
agement and promotion; and, as I have* already declared, 
would gladly appropriate the tithe of my income to the attain- 
ment of an object inevery point of view so eminently desirable — • 
hut honestly, I do not think that this measure is to be furthered 
by teaching them to road, for where one would draw the pure 
waters of life from the fountain of inspiration, hundreds would 
follow after false prophets, to their disquiet here, and perdition 
hereafter. 

The second clause, prohibiting any one from employing a 
person of color as a clerk or salesman, is, independently of 
its general intent, a bounty to the poorer classes of our white 
population, and will inevitably ensure them the occupancy of 
many situations in our shops and stores, which would, other- 
wise, have been given to those whom nature, or at auy rate 
custom, has constituted an inferior class. I do not hesitate to 
state, that my intention in introducing this clause, was to checks 
if possible, the tide of emigration, and to prevent the free 
colored from possessing themselves of all under-clerkships, to 
the exclusion of a sounder and purer population. This has 
been done already to an alarming extent with the mechanical 
aits, and as I understand the true policy of our State, the only 
Abjection to the clause, is, that it does not extend its protecting 
and fostering influence as well to the young white artizan, as 
to the clerk. It has become the cant of late to defend the 
practice of employing the free colored, instead of the white, 

* Address delivered before the Agricultural Society of South-Caroli- 



10 

by saying that our young white men arc idle, and will not af * 
tend to such duties aa arc now generally assigned to the colored 
This is not so. The true state of the case is, that we first 
degrade the occupation by employing colored persons, and are- 
then surprised that our young men (whose spirit and high- 
mindedncss we endeavor almost daily to excite,) will not enter 
the arena with them. Let us remove from them the necessity 
of competition with their inferiors, and my word for it, an 
honorable emulation among themselves will immediately take 
die place of their present apparent apathy. 

The 3d and 4th clauses are so intimately connected, that 
they may with great propriety be considered jointly. The 
third declares* that no "free white person, being a distiller, 
vendor, or retailer of spirituous liquors," shall, in any way, de- 
liver spirituous liquor tc a slave, except upon the written and 
express order of his owner, or person having charge of such 
slave; and the 4th prohibits the grant of any license, except 
under certain provisions. These two clauses have excited the 
most opposition, to strengthen which they have been misinter- 
preted themselves, and in connection with a totally different 
enactment,! as well as with the fifth clause of that now under 
consideration — indeed the attack upon this measure has been 
throughout so discursive, as to render it somewhat difficult to 
follow the Protean writers in all their positions. Among the 
most insidious of the many attacks, is that which complains thai 
the rich Grocer may sell his gallons, whilst the poor shall not 
retail his gill. This is not so.| There is not one word in the 

"This clause, as introduced, prohibited any one from giving liquor to 
a slave without his owners order, and was intended to apply as well to 
the private citizen, as to those in trade. I prefer the clause as it was. 

t"An act more effectually to prevent the illicit trafrick inCotton, Rice. 
Corn, or Wheat, with slaves and free persons of color." It is not pro- 
per to confound this law with the "act to amend the laws in relation to 
slaves and free persons of color." They originated with different indi- 
viduals, were submitted to different Committees, and many who voted 
for the one, opposed the other — I do not mean to intimate that I did, I 
voted for, and advocated both. 

t Read the Lav\ — examine it attentively — go to the City Attorney ci 
the Attorney General, and ask him if nndtr this act you can be indicted 
for selling "half a pound of sugar," or a skein of thread? Co to the •■' 



11 

act which can admit of this construction, nor of any other 
injurious to the retailer — the provision that no one shall sell 
spirits to the slave, unless with the order of the slave's owner, 
applies as well to the rich, as to the poor : and except that those 
whose profits have been derived from selling liquor to slaves,, 
will be compelled to employ their capital hereafter in a trade 
less destructive to property, and less hurtful to morals. There 
is not one syllable in the law, which can, by any possible inge- 
nuity, be perverted into an attack upon the interest of the 
Grocer. As to those who owe their livelihood to the slave's 
fondness for intoxicating liquors, I intended, if possible, to 
destroy their trade. I shall rejoice, and every good man will 
rejoice with me, when their stores are forever closed. The 
honest Grocers, both wholesale and retail, (I am happy that 
our city affords many whom it were folly ta impeach;) will 
fhemselves rejoice, and the trifling ptofit which might have been 
made by the sale of spirits to the slave, will be more than 
doubly, aye, trebly repaid them, by closing the doors of those 
who have hitherto dealed with our servants only to their injury 
and hurt. This is not idle speculation, nor do I call upon Gro- 
cers to reason in this matter upon abstract principles — I only 
ask them to believe facts, to trust the evidence of their own 
experience, of their own eyes. Is it not notorious, that prior 
to the first day of April, inst. every article which a slave bought 
<-or his master was obtained from those shops ivhence he got 
rum, and whither he carried corn? Will not the operation of 
this law prevent this system of traflick? Will not the 
honest Grocer be benefitted when these men are driven from 
the market? Will not the trade which was hitherto monopoliz- 
ed by those who connived in the mal-practice of the slavCj 
necessarily revert to such as disdain the practice? Clearly ! 

functionaries of the law, and ask them if under the provisions of an 
"act to amend the laws in relation to slaves and tree persons of color,' 1 
• iiij'n d 17th Dec. 1834, it is possible to indict you for selling to a slave 
Mr ready money, any article Or articles whatsoever, except spirituous 
lsoour*. 



vz 

The diminished revenue of the city, consequent upon the 
operation of this law, has also been urged as an objection to 
it, and we are told by a writer in the Mercury, that there ar e 
near two hundred retailers (License No. 3,) in the city, who 
pay annually into her Treasury, upwards of eighteen thousand 
dollars, which sum, in consequence of their refusing to takeout 
Licenses under the provisions of this act, the city authorities 
will be compelled to raise by resorting to other means of taxa- 
tion. The author cannot surely mean to assert that all of these 
two hundred men will refuse to take out their Licenses, merely 
because they will not be allowed to deliver liquor to slaves. If 
this is his meaning, I am happy to correct the error — many of 
them have informed themselves of the true intent and meaning 
of the law— have taken legal advice, and have heen convinced 
that the act is not quite the monster represented — I have my- 
self conversed with one or two who expressed themselves* 
now satisfied with the text, although at first they had been be- 
wildered by its numerous commentaries. But admitting that 
the revenue will be reduced, (which I do only for the sake of 
argument,) to my mind, the fact furnishes no reason against 
the law; I must first be convinced that it is proper and expe- 
dient to sell or give spirituous liquors to the slave, as yet I 
have not been. Nay, more, I have seen no attempt to justify 
the practice; if it be fit and proper to allow this commerce, 
then unquestionably the law is inexpedient, unwise, and impol- 
itic. But if it comports with "the best interests of the com- 
munity," to suppress a system of trafficking, by which the 
slave is induced to barter the necessaries of life for its bane, 
then the reduction of the revenue is an evil of too little 
importance, to demand more than a passing thought. What 
would we think of the public morals in a community where an 
established rule of legislation was "put money in thy purse" — 
License houses and places of all descriptions, which will pan- 
der to the vices or weaknesses of our fallen nature, provided 
they pay well for the right to vitiafe and corrupt the people.? 



13 

And yet to this plain state of things, the objection predicated 
of a diminished revenue may by one step be brought — for if 
we are to keep up an evil through fear of a loss to the city reve- 
nue, why not create and foster other evils in order to increase it! 
\.re we prepared to do tins'? I trust not ! 

But the oath — the trifling with things divine — the prostitution 
of a solemn obligation — the "temptation to perjury" — " the 
mockery of all that is sacred or religious 1 ' — theso are the 
es which have been rung upon the Alarum Bell, to warn 
Grocers that their liberties are in danger, that the Legislature 
have transcended their delegated trust — are playing the ty- 
rant — are injuring the best interests of society" — "affecting 
almost every species of business," &c. and all this how? Only 
because that they have in mercy to the temporal and eternal 
welfare of those whom the Providence of God has subjected to 
them as Bondmen, but of whose treatment at their hands, a 
day of accountability must and will come — done all that in 
them lay to guard their slaves from temptation to a vice the 
most insidious in approach, and the most demoralizing in ten- 
dency. I have read with attention, and I trust in a proper 
spirit the arguments of a Grocer in the Mercury, opposing the 
oath,* but it appears to me that they will apply with fully as 
much force to any of the oaths now required by law, as to that 
incorporated with this act. After a well merited eulogy on 
some of our Grocers who perform all the duties of good citi- 
zens, sit upon our Juries, &.c. we are asked whether such men 
should not be believed"? Certainly! But would you allow them to 
sit upon the Jury unsworn? Would their evidence be taken in 
a Court of justice without the guaranty of an oath first ad- 
ministered. Unquestionably not! Where then is the new 
and unheard of insult to their feelings in demanding an oath 
upon this occasion? According to the doctrine laid down by a 

* There is nothing in either of the oaths relating to any thing else than 
the delivery of spirits to a slave. The Grocer is only required to swear 
•o mis fact, and not, as has been said, to swear that he will not deal with 
a slave at all. 



14 

Grocer, that the requisition of an oatli is ''presuming a man 
capable of the commission of crime 1 ' — the Juryman when he 
is required to take the customary oath is presumed to be crim- 
inal, and when the witness is made to swear it proves that in the 
judgment of the Court the truth is not in him. "Oaths were 
never intended for honest men" — for whom then? The dis- 
honest only? Who can — who is to discriminate and say to A. I 
distrust you, "swear unto me," to B. your word is your Bond. 
Did Jacob distrust* the solemn promise of Joseph to a dying 
father, when in his last moments he required him to bind his 
soul by an oath? Or did Joseph, when he recognised the 
additional obligation and "sware,'' feel himself an insulted and 
accused man? Didt Abraham, when he demanded of his "el- 
dest servant" a most solemn oath, that he would not take a 
wife for Isaac from among the daughters of Canaan, exhibit a 
doubt of Eliezers truth? Or did this faithful servant when he 
complied, betray a consciousness of his having been wronged 
by his master's want of confidence? No! They intended to 
fulfil their solemn obligations, and they sware fearlessly that 
they sware in good faith. No honest man will object to 
an oath or affirmation confirmatory of his declaration, when 
such solemnity is called for by the laws of his country. And 
tearing from this question the veil in which it has been 
industriously shrouded, we shall find that opposition to the 
" 7 47th Chap. (Jen, 29th, 3uth, and 31st verses. "And the time drew 
fcigh that Israel must die; and lie called his son Joseph, and said unto 
him, if now I have found grace in thy sight, put I pray thee, thy hand 
under my thigh, and deal kindly and truly with me : bury me not, I pray 
thee, in Egvpt." 

"But I w'ill lie with my fathers, and thou shalt carry me out ot Lgypf, 
and bury me in their burying place." And he said "I will do as thou 
hast said." 

"And he said" "swear unto me," and he "sware unto him— and Israel 
l>owed himself upon the bed's head." 

t24th Chap. Gen. 2d, 3d. 4th, and 9th verses. "And Abraham said 
unto his eldest servant of his house, that ruled over all that he had, put, 
I pray thee, thy hand under my thigh:" _ 

"And I will make the swear by the Lord, the God of Heaven, and 
the God of the earth, that thou shalt not take a wife unto my son of the 
daughters of the Canaanites, among whom I dwell:" 

"But thou shalt go unto my country, and to my kindred, and take a 
%vife unto my son Isaac." ,.,-'.,, .• 

"And the servant put his hand under the thigh of Abraham, his mas- 
ter, and sware to him concerning that matter." 



15 

oath comes from those who dare not take it-~who intend to 
violate it — who cannot carry on their accustomed avocation? 
without violating it. The honest Grocer who does not intend 
to violate the law, will not object to the oath — and at the ex- 
piration of the year for which his license has been granted, 
not having violated the law, he will not object to renew his 
pledge! But he who battens upon corruption will refuse the 
test — will industriously circulate erroneous opinions and false 
constructions to bewilder the minds of others, in order that 
under their misapprehensions he may shield his own contem- 
plated walk of darkness.* 

The fifth clause has given rise to much discussion, and bv a 
most unaccountable perversion of its letter, has been interpre- 
ted as prohibiting all dealing with the slave. This is not so. 
There is not one word in it to which legal astuteness can give 
this meaning. It creates no new offence — in technical lan- 
guage, it does not in the slighest degree add to the "mala 
prohibita" — it makes nothing unlawful now which was lawfu] 
in March — it is simply what it was intended to be, a rule of 
evidence established by statute, annulling the common law 
wherever they conflict. 

'The Grocer, in the .Mercury, (I will not think that lie ia one who 
Tias an interest in corrupting the slave,) hag been misled by some de- 
signer, who has, doubtless, sinister objects in view — lie has been 
misinformed n<>! only as to the spirit of this law, but even as to the 
meaning of its words — so long as he guards against the delivery of 
spirituous liquor to the slave, he lias nothing to fear from its operations, 
and may still continue to carry on his accustomed trade without let or 
hindrance. I ask him not to give implicit credence to my word, but 
would refer him to the City Attorney, or the Attorney General — if cither 
ol' these officers give it as their opinion, that any thing is by this act 
made penal, exceptthe delivery of spirits to the slave, I will relieve him 
of their t'w^. I reget, exceedingly, that a Grocer's ignorance of law 
should have been taken advantage of, so as to make him the in- 
nocent cause of much unnecessary disquiet and uneasiness. I doubt 
not, that reflection and sound legal advice will cause himself to regret it. 
In a community like ours, there are, unfortunately, many bad men who 
ffesire to create an opposition to every reform, and of such all honest 
persons should be wary. 1 take; leave of the Grocer with no unkind 
feeling — I have not cherished any — he is a member of the Temperance 
■Society, (Letter 1.) as such, his objection to this act cannot be that it 
prohibits the slave from indulging in uhat he has sworn to refrain from, 
and I assure him the provisions of this law in reference to traders ex- 
'Tti'l m> further. 



16 

The sixth clause 1 shall not undertake to defend, for ah 
though convicts under its salutory provisions, are worthy of 
ail reprobation; yet I am from circumstances connected with 
our local policy in every case opposed to inflicting corporal 
punishment upon white men — this clause originated with the 
Senate. I have now, my dear sir, according to my intention, 
examined the law, clause by clause, and so far as public duty 
is involved, my task may be considered as ended. I cannot, 
however, but embrace this opportunity of saying a few words 
more. Among other charges industriously circulated by those 
who have an object in creating an excitement against this law, 
it has been stated with the most reckless disregard of truth, 
that the measure was postponed until the last of the Session, 
and then hurried through by intrigue and interest. The 
Journals of both branches of the General Assembly are pub- 
lished with the acts, and are in the hands of the people — upon 
reference thereto, it will be found that the General Assembly 
convened upon the 24th Nov. 1834. On the 26th, notice was 
given in the House of Representatives, that a bill to amend 
the laws in relation to slaves and free persons of color would 
be introduced; and on the 28th, the bill was introduced pursu- 
ant to notice given : this certainly would not appear to warrant 
the assertion that the measure was postponed to the eleventh 
hour — it was one of the earliest measures brought before the 
Legislature, and was deliberately considered, and debated 
clause by clause, almost word by word. So much for delay. 
The fact that the bill was not called for its third reading until 
16 December, does not to my mind arguf an indecent hurry. 
In concluson I freely confess that in my earnest, zealous, and 
untiring advocacy of this law, it is not impossible but that my 
constituents have been misrepresented, and the trust reposed 
in me unwarily exercised. If it be so, none can deprecate 
the fact more unfeignedly than myself — my excuse is that with 
singleness of heart, and fixedness of purpose, I have pursued 
that course, which, in reference to the two-fold relation that the 



17 

skve bears to his master, appeared to me the most advisable^ 

looking upon them as property, I esteem the law expedient 

regarding them as fellow-creatures, I think it humane. Fur- 
ther, it is my consolation to know that no man can long abuse 
power, who (under the happy regulation of our State Consti- 
tution^ is biennially called upon to give an account of his 
stewardship. 

Allow me, my dear sir, to apologise for tresspassing so long 
on your time and patience, and to assure you that I am, with 
qreat respect, your friend and servant, 

EDWARD R. LAURENS. 

So many and varied have been the misinterpretations of this 
law, that it may not be amiss to recapitulate briefly the pro- 
visions of the act. 

The first clause prohibits the teaching of slaves to read or 
write by any one whomsoever, and the keeping of schools by 
slaves or free colored persons, for the instruction of free per- 
sons of color. 

The second clause prohibits the employment of colored 
persons, whether bond or free, as clerks or salesmen — but has 
no earthly reference to negro butchers in the market, or to the 
carriers of bread. 

The third clause prohibits the delivery in any way of spirits' 
fo a slave, except with an order from his owner, or his owner's 
agent, and does nothing more. Shop-keepers, as far as this 
act is concerned, may sell any thing to a slave, except articles 
of that character, viz: spiriluous liquors. 

The fourth clause forbids the grant of any License, unless 
the applicant will swear not to deliver spirituous liquors to 
slaves, and tin* oath has no reference to any other dealing, 
■Xcept the dealing in spirits — nor does it require a man (as has 
been asserted, to swear that he has never hitherto given grog 
to a slave. The first oath requires the licensed dealer to swear 
that he will not, during the term for which he has received a 
ricense, in any manner deliver liquor to a slave; and at the ex- 



18 

piration of this term, when he applies for a renewal of his 
License, he is required to swear that he has not, "since the 
takin"- out of his last License" in any way delivered spirits 
to a slave; but it is not intended (and cannot be so interpreted 
by any man of common sense,) to make the Grocer swear 
that he has never given liquor to a slave or slaves. 

The fifth clause is an alteration by statute of the common 
[aw rule of evidence, it makes nothing unlawful, which was 
lawful before its passage. 

The sixth clause ordains, that those who gamble with slaves 
or free persons of color, shall be treated as such, and flogged, 

The seventh clause specifies the day on, and from which the 
law shall take effect* 



REPORT 

OF THE COMMITTEE ON THE JUDICIARY, 

Relative to the repeal of laws, reposing restrictions and 
disabilities on blacks and mulattoes, by Mr. Gushing. 
Feb. 21, 1835, agreed to unanimously. 

LEGISLATURE OF OHIO, 
The Committee on the Judiciary, to which was referred 
sundry memorials and petitions from citizens of Ohio, praying 
the repeal of all laws imposing disabilities or restrictions on 
black and mulatto persons, ask leave to report : 

The relative standing of the white and colored population in 
a free community like ours, so far as regards their civil rights 
and privleges, has been a subject of earnest, and at times, of 
angry dispute since our State Government wa3 organized. 
Repeated applications have been made to the Legislature, for 
the last 20 years, seeking to place blacks and mulattoes on the 
same footing, as nearly as the provisions of the Constitution 
will allow. The interest manifested by petitions and memori. 
als, so often presented, emanating from respectable sources, to 
ameliorate the condition of the colored population of Ohio, 
demands respectful attention- 



19 

The Committee have maturely considered the propositions 
•contained iu the memorials referred to them, and have come to 
the conclusion, that it is inexpedient at this time, to recom- 
mend any legislative action on the subject. For this, it is 
proper they should submit a few reflections, and they ask for 
them an attentive consideration. 

The philanthropy and honest zeal evinced by the memori- 
alists are fully appreciated. The committee believe that none 
but disinterested motives prompted the presentation of the mc- 
morials; but they feel constrained to say that the time has not 
yet arrived, if it should ever, when wisdom and common 
prudence would recommend an alteration in the existing laws, 
regarding blacks and mulattoes, unless to make them stronger, 
Session after session, reports have been made to both branches 
of the General Assembly, and agreed to with scarcely a dis- 
senting voice, adverse to the consummation of what is sought by 
the memorialists. Even were the committee friendly to the 
measure proposed, they would pause before they would lend it 
their official sanction; reflecting that public opinion remains 
unchanged, and will in all probability continue so, while there 
exists a large slave population in the United States. Aside 
from public opinion, however, there are various considerations 
which operate irresistibly, on the minds of the committee, to 
induce a report unfavorable to the views and wishes of the 
memorialists. 

Ohio, on her southern border, is bounded by two powerful 
slave holding States. With these States she has ever been 
on terms of amity, of uninterrupted friendship. Perhaps 
there are not two States in the Union between which a higher 
community of feeling exists, (except with regard to slavery.) 
than between Ohio and Kentucky. Their rise and progress, 
their present prosperity, and the distinguished stand they have 
taken among their sister States, have their origin in the same 
causes. Their territories were won by the strong hand from 
the barbarous tribes which once overspread them. Shoulder to 
shoulder, their sons, in the last war, defended from foreign in- 



20 

vasion, the frontier of the Noi h West, in aH the great rrrea» 
surcs of the General Government, touching comm ce, agri- 
culture, manufactures, and tha internal improve m nt of the 
country, those States have stood side by side. Their inter- 
teresls and th'ir feelings have become intertwined. The 
beautiful river which marks their separating boundary, is their 
common highway to the markets of the South, and is their 
common source of a profitable commerce; their products are 
much the same, their plans and efforts to effect a permanent 
system of improvement, to still further advance their power 
and standing among their sister sovereignties, are of a similaF 
character. 

Virginia, like Kentucky, is entitled to our regard, although 
differing, materially, with us in civil polity, and perhaps in 
political feeling. Ohio was a part of the domain of Virginia, 
and by a magnanimous cession to the General Government by 
the latter, was enabled to claim and receive the character and 
standing of an independent State. The question then arises, 
would it be prudent, or wise, by any act of ours, in the least 
degree, to disturb the harmony which has so long existed be- 
tween these powerful States. In the opinion of the committee, 
it would neither be wise nor prudent. It may be said that the 
repeal of all laws imposing restrictions or disabilities on ne- 
groes and mulattocs, will not tend to interrupt the existing 
harmony of these States. Possibly, this may be the case, bus 
ii is thought that every legislative enactment on our part, which 
affords to slaves a temptation or inducement to abscond from the 
service of their masters, and claim protection or attempt & 
•permanent settlement here, may lead to a disruption of that 
fraternity of feeling which it is our interest and duty to cherish. 
In saying this much, as to the relation we bear to our sister 
States, it is not yielded that either, or any, have a right to in-, 
terfere by word, or deed, with any action of the Legislature of 
Ohio, on this subject, which comes within the pale of then 
constitutional powers; nor is it supposed that our sister States 
would claim or assert such a right- 



21 

The fraraers of the Constitution foresaw that difficulties 
might arise by placing the whites and blacks upon an equality! 
and while diey declared that involuntary servitude should not 
exist in this State, with certain exceptions they withheld from 
Jhe negro the right of suffrage, and made him incapable, there- 
holding any office of trust or profit. The object of this 
ichisement was, it is presumed, to prevent the migration 
hither of that unfortunate race; not from any callous or careless 
feeling for their unhappy condition, but for the purpose of self 
preservation, from evils which might arise by the introduction 
gi a class of population degraded and debased in other Siates, 
and which, from the antipathies of nature, and the prejudices 
of education, operating against them, would necessarily re- 
main so here. The same considerations no doubt prompted 
the Legislature to carry out as far as practicable the views 
entertained by the Convention of eighteen hundred and two. 

Experience has shown that these were not mistaken views. 
The records of crime in the free States, shew a frightful dis- 
proportion in the numbers of white and black offenders, and 
most especially in those States where there are no disabilities 
or restrictions by law imposed upon the blacks. 

In Massachusetts the blacks labor under no disability or 
disqualification whatever, under the Constitution. They are 
only one seventy-fourth part of the population, yet they are in 
the proportion of one sixth of the convicts in the State prison. 
In Connecticut the I lack population is one thirty-fourth 
part of the whole. The blacks are one-third of the number in 
the Penitentiary. The Constitution of this State in regard to 
the qualifications of electors, is like that of Ohio, in excluding 
negroes from the right of suffrage. The Committee, however, 
believe that the enactments of the Legislature have not placed 
upon them any additional disability. 

New- York, by her Constitution, has placed the whites and 
blacks upon an exact equality. The colored population is one 
thirty-fifth of the whole. One-fourth part of the convicts in 
her two Penitentiaries are negroes. 



22 

The due-thirteenth part of the population of New-Jersey 
is colored, and one-third of the convicts in the Penitentiary 
are blacks and mulattocs. 

In Pennsylvania one-third of the convicts in the two Peni- 
tentiaries are colored, while the blacks are only one thirty-fifth 
of the population. 

In Ohio, the black population, as compared with tlie white, 
is as one to one hundred and fifteen. In the Penitentiary the 
number of black convicts, as compared with the whites, is in 
the proportion of seven to one hundred. 

Bat the State Prison of Vermont illustrates, in its most 
glaring colors, the impolicy of giving to the black population 
the privileges and immunities of the whites. In that State the 
negroes are under no restriction that the whites are not. By 
the census of 1830, Vermont contained about 277,000 souls; 
of these, 91S were negroes. In 1831, there were 74 convicts 
in the prison, and of these twenty-four were negroes ! 

The foregoing statistics have been gleaned from authentic 
sources, and principally from the annual reports of the Ameri- 
can Prison Discipline Society. When compared with what is 
reported of the prisons of the slave holding States, it is shown 
that the proportion of negroes in the Penitentiaries of the free 
States is in the ratio of mote than ten to one, in favor of the 
slave holding States. 

To account for this disproportion the main argument is, that 
by the spirit of our institutions, the mind, the capacity of the 
negro, is not developed, that no encouragement is given him to 
abstain from vice, or to prompt him to industry. Without 
stopping to combat this proposition in detail, the committee 
deem it sufficient to say, that the history of the race has shown 
the causes to lie deeper. Nature has forbidden a general 
amabation of the two races; and misfortune, which cannot be 
at once remedied, has made the black dependent upon, and 
subservient to the white ma| - 

The free negroes in Ohio", in the aggregate are in no better 
condition, therefore, than the slaves in Kentucky. They are 
excluded from social intercourse with the whitos, and whatever 



2S 



of education you may give them, will not tend to elevate their 
Standing, to any considerable extent. In those free State?. 
where every right has been extended to the negro which the 
white man claims, it is proven by what is contained in the above 
statements, that his condition is still worse than in the States 
where he is under restriction. This may appear singular, in- 
deed, almost unaccountable, but it is nevertheless true. 

There arc considerations of a still graver character than any 
presented, which influence the committee, to ask the passage 
of the resolution appended, such as address the good sense of 
" every man; challenging deep interest and solicitude, and re- 
quiring the calm but firm action of every one who has the 
weal of his country near his heart. The germ of a faction has 
sprung into life in the United States, which now but feeble in 
numerical force, and not extraordinarily distinguished for char- 
acter or talent, may, if its growth be not checked by the friends 
of peace and good order, through the medium of individual ex- 
ertion, or legislative enactment, impair the stability of our 
Federative Union. It is well known that societies have been 
formed in different parts of the United States, for the avowed, 
purpose of effecting the immediate emancipation of all the 
slaves. Any one who will reflect upon this, for a moment, 
must come to the conclusion, that their efforts contemplate rev- 
olution, and necessarily strike at the existence of the Republic, 
No respect is paid by them to the compact entered into by the 
.States, when the general government was formed. The perse* 
verance which has marked the steps of these visionaries, the 
increasing establishment of newspapers and periodicals to pro- 
mulgate their incendiary doctrines; the donations and bequests 
which these societies have received from men of fortune, to aid 
them; and beyond all this, the inculcation of their dangerous 
principles in the minds of youth in our schools and colleges^ 
give loud warning "that the woji»is upon his walk." Jealous- 
ies, heart-burnings, and fears have been excited among our 
brethren of the South, by the countenance given to these so- 
cieties by men «f respectable standing, and by the efforts 



24 

made through their agents and emissaries, to inflame the slaves 
against their masters, and thereby produce revolt and insur- 
rection. Well may Virginia and the Carolinas be indignant at 
the fanaticism, or the darker motive which prompts this mad 
interference in their internal concerns. The horrible massa- 
cre of Southampton is still fresh in recollection, and the scenes 
which followed, when the innocent black was sacrificed to ap- 
pease the manes of the murdered ! 

Great Britain has been traversed by these enthusiasts to. 
gather funds to accelerate the objects desired to be accom- 
plished. These alwajs met with encouragement, if the state- 
ment by the English prints are to be relied on, from those who 
would exult in the dismemberment and destruction of our con- 
federacy; or those who were most active in bringing about the 
manumission of the slaves in the British West Indian Isles, 
Speculations have been indulged in, by men eminent for wis- 
dom, with what color facts have given tliem for such specula- 
tions, the committee are unadvised, whether the measure spoken 
of is not an insidious blow at the commerce, the prosperity and 
the internal peace of the United States, in aid of the efforts of 
our own disorganizes. This, however, the committee will 
not descant upon, though greatly tempted to do so. 

From a principle of self defence, then, from what experi- 
ence has taught us of the incapacity of the free blacks to ele* 
vate themselves above their present miserable condition, from 
the enormous amount of crime perpetrated by them, as com- 
pared with the crimes committed by the whites or the slaves; 
and reflecting that there is an insurmountable barrier to theii 
becoming useful or orderly citizens, which does not rise from 
. casualty, but from fate; your committee recommend the adop- 

tion of the following resolution:. 

Resolved, That it is inexpedient, at this time, to take any legislative 
action on the subject matter uf the memorials, and that the committee be 
discharged from the further consideration of the same. 






